Equality in dignity and rights
Human rights are derived from the inherent dignity
of the person, and the general principle of equality
and non-discrimination is a fundamental element
of domestic and international human rights law.35
It requires governments to respect and ensure the
enjoyment of human rights by everyone, regardless
of race, sex, disability and several other grounds.36
Pacific communities shared with us their aspirations
to overcome social and economic discrimination and
to become equal partners in Aotearoa New Zealand
society. Community members and organisations
have noted the effort of government programmes
since the 1980s, and we note successive government
efforts to address inequalities and discrimination
have intensified.
While the Dawn Raids took place forty plus years
ago, discrimination towards Pacific people in
Aotearoa New Zealand continues and remains in
the collective consciousness of Pacific people. We
were told about the impacts of systemic racism
and structural discrimination and their continued
impact on Pacific peoples’ pursuit of wellbeing. The
right to be free from discrimination was raised as
a matter of significant concern to Pacific peoples.
Communities told us that outside of community
settings, their knowledge is disregarded and at times
ridiculed. Workplaces were repeatedly described as
places where Pacific workers were overlooked for
job advancement through training and promotions.
Often, workplace discrimination was unreported due
to fears of reprisal or victimisation.
In 2019, the Government announced that it would
develop a national action plan to address racial
discrimination and racism. The work to develop a
plan is in progress, and the Commission’s view is that
it should also include targeted strategies to reduce
racism and the effects of racial discrimination upon
Pacific people.
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Pacific communities and organisations have
told us that they were not used to defining and
understanding unlawful discrimination or accessing
information or support through agencies such
as the Commission. Community members and
organisations were also keen to know more about
how they could relate to and familiarise themselves
with the Human Rights Act 1993. Pacific people
who took part in fono with the Commission in 2018
revealed they were experiencing poor treatment
and being disregarded in public services and were
subjected to racial profiling in retail businesses.
Pacific peoples at the fono spoke of
the lack of trust they have towards
service providers to treat people
without discrimination. As a result,
many Pacific peoples stated that
they lacked the confidence to raise
concerns, or to make complaints. They
also outlined they did not possess the
information they needed to stand up for
themselves. They internalised shame for
experiencing discrimination and feeling
helpless. Some expressed that Pacific
young people often feel that there are
low expectations of Pacific peoples to
succeed, especially in education and
employment settings.
The principal of equality and freedom from discrimination is referred to in the International Covenant on Civil and
Political Rights (ICCPR); the International Covenant on Economic, Social and Cultural Rights (ICESCR); and the treaties
on racial discrimination, discrimination against women and the rights of refugees, stateless persons, children, migrant
workers and members of their families, and persons with disabilities. Other treaties require the elimination of
discrimination in specific areas, such as employment and education. Article 26 of the ICCPR also guarantees equal and
effective protection before, and of, the law.
Other prohibited grounds of discrimination include language, religion, political or other opinion, national or social origin,
property, birth, age or other status.
Talanoa: Human rights issues for Pacific peoples in Aotearoa New Zealand